Rajasthan High Court - Jodhpur
Richa Dharu vs Hemant Panwar on 23 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1258/2019
Richa Dharu W/o Hemant Panwar D/o Sh. Dilip Kumar, Aged
About 27 Years, R/o Behind Nagar Parishad, Ward No. 43, Bapu
Colony, Bikaner (Raj.)
----Petitioner
Versus
Hemant Panwar S/o Shri Rameshwar Panwar, R/o Near Govt.
Secondary School, Harijan Basti, Ratangarh, Dist. Churu. (Raj.)
----Respondent
For Petitioner(s) : Mr. Kan Singh Oad
For Respondent(s) : Mr. Kaushal Gautam with
Mr. Kunal Kalla
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/05/2022
This Criminal Revision Petition has been preferred claiming
the following reliefs:
"It is, therefore, humbly prayed that this criminal revision
petition may kindly be allowed and it is therefore, humbly prayed
that the revision petition may kindly be allowed and order dated
28.08.2019 passed by the learned Family Court No.2, Bikaner in
Case No.227/2018 (586/16) titled as Richa Dharu Vs. Hemant
Panwar, may kindly be quashed and set aside and the application
filed by the petitioner under Section 125 Cr.P.C. may kindly be
allowed and accordingly award the amount of maintenance to
the petitioner Rs.30,000/- per month from the date of filing of
the application."
Learned counsel for the petitioner-wife submits that the
respondent-husband is working on the post of Branch Manager in
Bank of Baroda and is earning income of Rs.90,000/- per month.
Learned counsel further submits that the learned court below has
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denied the monthly maintenance to the petitioner-wife only on the
ground that the divorce has been allowed between the parties.
Learned counsel also submits that the divorce was ex-parte
claimed by the respondent.
Learned counsel has relied upon the proviso to Section
125(1) Cr.P.C., the explanation, as per which, the definition of
"wife" includes a woman who has been divorced by, or has
obtained a divorce from, her husband and has not remarried.
Learned counsel further submits that once the petitioner-wife
has not remarried, is entitled for maintenance and any divorce
petition cannot be construed as it was a voluntary desertion of the
parties. Learned counsel also submits that since there was an
established cruelty, therefore, the marriage derailed, but that does
not mean that the respondent-husband can be absolved from the
liability of maintenance.
Learned counsel for the respondent-husband vehemently
opposes the submissions on the ground that once the wife has
failed to discharge the duties as a wife and is no more abiding by
the conjugal rights, therefore, the decision arrived at by the
learned court below is justified.
This Court, after hearing learned counsel for the parties as
well as perusing the record of the case, finds that the learned
court below has come out with a judgment without considering the
definition of wife provided under Section 125(1) Cr.P.C. The
learned court below has gravely erred in denying the maintenance
on the ground of divorce and cruelty. The maintenance is one
thing, which has to be granted and a lady suffering cruelty, cannot
be said to have deserted or voluntarily residing away. The
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circumstances created by the husband, if not conducive, are
bound to push away the wife.
In view of the above, the present revision petition is allowed.
The impugned order dated 28.08.2019 passed by learned Family
Court No.2, Bikaner in Case No.227/2018 (586/16) (Richa Dharu
Vs. Hemant Panwar) is hereby quashed and it is directed that the
petitioner-wife shall now be entitled to receive the maintenance to
a sum of Rs.10,000/- per month from the respondent-husband
from the date of filing the petition. It is needless to say that any
interim maintenance granted shall be excluded from the amount
so due.
All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
117-Zeeshan
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